United States First Circuit

Judgment for plaintiff in a declaratory action absolving it of liability for payments withheld in a contract dispute over pharmaceutical research is affirmed where the plain meaning of the contract made it clear that plaintiff had the right to withhold payment if defendant did not manifest its intent and reasonable expectation to expend an amount in excess of an enumerated spending target for each year of the payment term.

Appellate Information

• Decided 11/08/2006
• Published 11/08/2006

Judges

• Before TORRUELLA and LIPEZ, Circuit Judges and STAFFORD, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Lawrence R. Desideri, with whom Stephen V. D'Amore, Peter E. Gelehaar, Michael S. D'Orsi, Winston & Strawn, LLP, and Donnelly, Conroy & Gelharr LLP were on brief, for the appellant.


• For Appellees:
  
• Brian A. Davis, with whom Joseph H. Zwicker, Stacy Blasberg, and Choate, Hall & Stewart LLP were on brief, for the appellee.